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Salmon Panel Report Adopted

The WTO Dispute Settlement Body (DSB) on 15 January 2008 adopted the panel report in the case brought by Norway against the anti-dumping measure imposed by the EU on farmed salmon. In its report, made public on 16 November, the WTO Panel concludes that the EU’s anti-dumping measure is inconsistent with WTO rules on 22 points. The overall scope and number of infringements is such that Norway believes the EU has no choice but to withdraw the anti-dumping measure. WTO rules provide that the EU and Norway should try to agree on a reasonable period for the EU to implement the WTO ruling. If there is no agreement within 45 days of adoption of the Panel report, the length of the implementation period will be settled through binding arbitration in the WTO within a further 45 days.  The Norwegian Ambassador to the WTO, H.E. Mr. Eirik Glenne, made the following statement at the meeting of the DSB upon adoption of the Panel report.  

Dispute Settlement Body, 15 January 2008.

Agenda item 1:   Adoption of the Panel Report in the case: 
European Communities – Anti-Dumping Measure on Farmed Salmon from Norway (WT/DS337/R)

Statement by Norway upon adoption of the Panel Report by the DSB
15 January 2008



Mr. Chairman,

1. Allow me first of all to thank the Panel and the Secretariat for the hard work they have put into presenting us with the Panel Report in this case. 

Mr. Chairman,

2. Norway welcomes the fact that we will be adopting the Panel report here today.  This is an important step in a long-standing conflict between Norway and the EC due to a cascade of unjustified measures imposed by the EC since the early 1990s.

Mr. Chairman,

3. The Panel Report is long.  It had to be, because the number of violations committed by the EC were so great.  I will not here today go through them all.  Suffice it to say that the Panel found a continuum of violations touching every aspect of the anti-dumping investigation from its inception until the imposition of the measure. 

4. To high-light but a few.  The Panel found that the EC violated its obligations under the Anti-dumping Agreement as regards:
• the initiation,
• the selection of the sample,
• the dumping margin calculations for each and every company,
• the industry definition,
• the injury analysis,
• the causation analysis,
• the level of the minimum import prices actually imposed,
• as well as due process obligations.

5. At each and every turn, there is a violation committed by the EC.

Mr. Chairman,

6. The violations committed by the EC are not just numerous; perhaps more numerous than in any previous WTO Panel case.  They are also very significant.  And they lead to the one, inescapable conclusion:  Namely, that the EC has no choice now but to remove the measure and lift all restrictions on Norwegian salmon.  Re-calculations can not remove the violations.

Mr. Chairman,

7. It is our impression that the European Communities honours its international commitments and  abides  with the recommendations and rulings of the DSB.  We, therefore, have no doubt that the EC will now do what it has to do, which is to repeal the unjustified anti-dumping measure and restore normal trading conditions.  This can be done very quickly.  Indeed, the EC has a specific Regulation allowing it to “fast-track” such repeals after losing a WTO-dispute. 

8. We expect the EC to make use of that possibility now.  But we stand, of course, ready to pursue the matter in the WTO as and when necessary.

Thank you, Mr. Chairman

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